What do I need to do to take over the mortgage on my father’s home after his death in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, you typically cannot truly “take over” (i.e., become the borrower on) your father’s mortgage just because you inherited the home. What you usually can do is (1) inherit the property under Pennsylvania estate law and (2) keep the loan current while you work with the lender on options such as being recognized as the successor owner, assuming the loan (if the loan allows), or refinancing into your name.
Because the home’s title and the mortgage are legally separate issues, it’s important to coordinate the estate process with the lender’s requirements to avoid default or a forced sale.
What Pennsylvania Law Says
Under Pennsylvania law, when someone dies owning real estate, legal title generally passes at death to the heirs (if there is no will) or to the devisees named in the will—though that transfer is still subject to the estate administration process and the personal representative’s powers, and the property remains subject to valid liens like a mortgage.
If your goal is to keep the house, the estate side is about confirming who owns the property after death and getting the paperwork in place so you can deal with the lender and (eventually) record a deed or other instrument reflecting ownership. The mortgage side is about keeping payments current and negotiating with the lender based on the loan documents and federal servicing rules.
The Statute
The primary law governing who receives title to a decedent’s real estate in Pennsylvania is 20 Pa.C.S. § 301.
This statute establishes that legal title to a decedent’s real estate passes at death to the decedent’s heirs or devisees, subject to the powers of the personal representative and court orders.
For a deeper explanation of why inherited real estate is treated differently than many other probate assets in Pennsylvania, you may find this helpful: Why isn’t an inherited house a probate asset in Pennsylvania, and can I pay the mortgage without the administrator?
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict deadlines: Even if title passes at death, estate administration has time-sensitive requirements (and lender timelines) that can create serious risk if the mortgage goes delinquent while family members are still sorting out authority and paperwork.
- Burden of proof: Lenders commonly require documentation (death certificate, proof of heir/devisee status, and proof of authority if an estate is opened) before they will discuss loan options or accept certain changes—getting this wrong can delay approvals and increase costs.
- Exceptions and competing interests: Co-heirs, a will contest, estate debts, or the personal representative’s power to sell can affect whether you can keep the home and what must happen before you can refinance or otherwise resolve the mortgage.
Trying to handle this alone can lead to avoidable lender disputes, title problems, or a forced sale. A Pennsylvania probate attorney can coordinate the estate administration and the property/title work so you can pursue the best mortgage outcome with less risk.
Related reading: Do heirs have to pay the mortgage and utilities on an inherited home during probate in Pennsylvania? and How do I transfer a deed into my name after a death in Pennsylvania?.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.